NARAYANDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition is directed against the appellate judgment and order dt. 21-1-1983 passed by the Sessions Judge, Shajapur, in Criminal Appeal No. 37 of 1982 convicting the petitioner under Ss. 3/7 of the Essential Commodities Act 1955 (for short 'the Act') for contravention of the M.P. Foodstuffs (Distribution Control) Order 1960 (for short 'the Order') made under S.3 of the Act.

(2.) The circumstances giving rise to this petition are these. The petitioner is an appointed retailer in foodstuffs at village Padhana at some distance from Sarangpur, District Shajapur. On 27-4-81 a quota of 17 quintals of sugar in 17 bags was handed over to him by the Food Corporation of India, Sarangpur. Out of the quota 16 bags of sugar were being transported in a tractor-trolly and the remaining one bag was sent in a bullock-cart. At 16 K.Ms. from Sarangpur, the police checked the trolly the same day and found that the bags contained only 15 quintals and 84 K.gms. of sugar. On the ground that the remaining sugar (1 quintal and 16 kgs). was sold in blackmarket, the petitioner was prosecuted.

(3.) The learned trial Court disbelieving the defence evidence that one quintal of sugar sent in the bullock-cart was duly entered on 27-4-81 in the stock-register of the petitioner's shop when the same was checked by the Food Inspector on 28-4-81 and holding that the prosecution case is proved entered conviction.